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90_HB1468
New Act
215 ILCS 125/5-8.5 new
225 ILCS 60/23 from Ch. 111, par. 4400-23
Creates the Health Care Professional Disclosure Act.
Makes it a Class A misdemeanor for a health care professional
to fail to disclose prior health care jobs on a resume or
application for employment as a health care professional.
Provides that the Department of Professional Regulation shall
receive notice of conviction of the health care professional
for indecent solicitation of a child, indecent solicitation
of an adult, sexual exploitation of a child, solicitation of
a sexual act, public indecency, exploitation of a child,
criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal sexual
abuse, or aggravated criminal sexual abuse. If the prior
employer of the health care professional has knowledge of the
conviction, the employer shall notify the Department of
Professional Regulation of the conviction. Requires notice
to the health care professional. Failure of the employer to
notify the Department is a business offense with a maximum
$10,000 fine. Provides that the Department of Professional
Regulation shall maintain a registry of health care
professionals whose convictions are required to be reported
to the Department by prior employers under this Act. The
information in the registry shall be made available to health
care employers. Amends the Health Maintenance Organization
Act and the Medical Practice Act of 1987. Provides that a
health maintenance organization shall report to the Illinois
State Medical Disciplinary Board conduct by a physician
resulting in restriction or termination of clinical services.
Effective immediately.
LRB9003413RCks
LRB9003413RCks
1 AN ACT concerning medical personnel disciplinary reports,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Health Care Professional Disclosure Act.
7 Section 5. Definitions. In this Act:
8 "Health care professional" means a person licensed under
9 the Medical Practice Act of 1987, the Acupuncture Practice
10 Act, the Illinois Nursing Act of 1987, the Naprapathic
11 Practice Act, the Illinois Occupational Therapy Practice Act,
12 the Illinois Optometric Practice Act of 1987, the Illinois
13 Physical Therapy Act, the Physician Assistant Practice Act of
14 1987, the Podiatric Medical Practice Act of 1987, the
15 Illinois Dental Practice Act, the Pharmacy Practice Act of
16 1987, the Clinical Psychologist Licensing Act, the Clinical
17 Social Work and Social Work Practice Act, the Illinois
18 Speech-Language Pathology and Audiology Practice Act, or the
19 Hearing Instrument Consumer Protection Act.
20 "Health care employer" means another health care
21 professional, hospital, clinic, nursing home, mental health
22 or developmental disabilities facility, partnership of health
23 care professionals, professional service corporation of
24 health care professionals, or other institution that employs
25 health care professionals.
26 Section 10. Disclosure of prior health care jobs; notice
27 of conviction of sex offenses.
28 (a) A health care professional shall disclose each prior
29 health care job and criminal convictions on his or her
30 application for employment as a health care professional.
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1 Failure to disclose prior health care jobs on a resume or
2 application for employment as a health care professional is a
3 Class A misdemeanor.
4 (b) A prior employer of a health care professional who
5 has knowledge of the conviction of the health care
6 professional shall notify the Department of Professional
7 Regulation by certified letter, return receipt requested, of
8 the conviction of the health care professional for a
9 violation of Section 11-6, 11-6.5, 11-9, 11-9.1, 11-14.1,
10 11-19.2, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
11 Criminal Code of 1961. When a prior employer of a health care
12 professional notifies the Department of Professional
13 Regulation of his or her knowledge of a conviction against
14 the health care professional as described in this subsection,
15 the employer shall also send a notice to the health care
16 professional by certified mail, return receipt requested,
17 informing the health care professional of the employer's
18 notification to the Department of Professional Regulation.
19 When the Department of Professional Regulation receives the
20 notice of the conviction against the health care
21 professional, it shall send a notice to the health care
22 professional informing him or her of his or her right to
23 discuss the conviction with the Department. Any discussion
24 shall be part of the health care professional's records with
25 the Department. An employer who knowingly fails to comply
26 with this Section is guilty of a business offense and shall
27 be fined up to $10,000.
28 (c) The Department of Professional Regulation shall
29 maintain a registry of health care professionals who have
30 been convicted of a violation of Section 11-6, 11-6.5, 11-9,
31 11-9.1, 11-14.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15, or
32 12-16 of the Criminal Code of 1961. The information in the
33 registry shall be made available to a health care employer
34 upon request of that employer.
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1 Section 15. The Health Maintenance Organization Act is
2 amended by adding Section 5-8.5 as follows:
3 (215 ILCS 125/5-8.5 new)
4 Sec. 5-8.5. Disciplinary reports. A health maintenance
5 organization shall report to the Illinois State Medical
6 Disciplinary Board any conduct by a physician resulting in
7 restriction or termination of clinical services as required
8 in Section 23 of the Medical Practice Act of 1987.
9 Section 20. The Medical Practice Act of 1987 is amended
10 by changing Section 23 as follows:
11 (225 ILCS 60/23) (from Ch. 111, par. 4400-23)
12 (Text of Section before amendment by P.A. 89-702)
13 Sec. 23. Reports relating to professional conduct and
14 capacity.
15 (A) Entities Required to Report.
16 (1) Health Care Institutions. The chief
17 administrator or executive officer of any health care
18 institution licensed by the Illinois Department of Public
19 Health or health maintenance organization certified by
20 the Department of Insurance shall report to the
21 Disciplinary Board when any person's clinical privileges
22 or services are terminated or are restricted based on a
23 final determination, in accordance with that
24 institution's or health maintenance organization's
25 by-laws or rules and regulations including peer review
26 standards, that a person has either committed an act or
27 acts which may directly threaten patient care, and not of
28 an administrative nature, or that a person may be
29 mentally or physically disabled in such a manner as to
30 endanger patients under that person's care. Such officer
31 also shall report if a person accepts voluntary
-4- LRB9003413RCks
1 termination or restriction of clinical privileges or
2 services in lieu of formal action based upon conduct
3 related directly to patient care and not of an
4 administrative nature, or in lieu of formal action
5 seeking to determine whether a person may be mentally or
6 physically disabled in such a manner as to endanger
7 patients under that person's care. The Medical
8 Disciplinary Board shall, by rule, provide for the
9 reporting to it of all instances in which a person,
10 licensed under this Act, who is impaired by reason of
11 age, drug or alcohol abuse or physical or mental
12 impairment, is under supervision and, where appropriate,
13 is in a program of rehabilitation. Such reports shall be
14 strictly confidential and may be reviewed and considered
15 only by the members of the Disciplinary Board, or by
16 authorized staff as provided by rules of the Disciplinary
17 Board. Provisions shall be made for the periodic report
18 of the status of any such person not less than twice
19 annually in order that the Disciplinary Board shall have
20 current information upon which to determine the status of
21 any such person. Such initial and periodic reports of
22 impaired physicians shall not be considered records
23 within the meaning of "The State Records Act" and shall
24 be disposed of, following a determination by the
25 Disciplinary Board that such reports are no longer
26 required, in a manner and at such time as the
27 Disciplinary Board shall determine by rule. The filing
28 of such reports shall be construed as the filing of a
29 report for purposes of subsection (C) of this Section.
30 (2) Professional Associations. The President or
31 chief executive officer of any association or society, of
32 persons licensed under this Act, operating within this
33 State shall report to the Disciplinary Board when the
34 association or society renders a final determination that
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1 a person has committed unprofessional conduct related
2 directly to patient care or that a person may be mentally
3 or physically disabled in such a manner as to endanger
4 patients under that person's care.
5 (3) Professional Liability Insurers. Every
6 insurance company which offers policies of professional
7 liability insurance to persons licensed under this Act,
8 or any other entity which seeks to indemnify the
9 professional liability of a person licensed under this
10 Act, shall report to the Disciplinary Board the
11 settlement of any claim or cause of action, or final
12 judgment rendered in any cause of action, which alleged
13 negligence in the furnishing of medical care by such
14 licensed person when such settlement or final judgment is
15 in favor of the plaintiff.
16 (4) State's Attorneys. The State's Attorney of
17 each county shall report to the Disciplinary Board all
18 instances in which a person licensed under this Act is
19 convicted or otherwise found guilty of the commission of
20 any felony. The State's Attorney of each county may
21 report to the Disciplinary Board through a verified
22 complaint any instance in which the State's Attorney
23 believes that a physician has willfully violated the
24 notice requirements of the Parental Notice of Abortion
25 Act of 1995.
26 (5) State Agencies. All agencies, boards,
27 commissions, departments, or other instrumentalities of
28 the government of the State of Illinois shall report to
29 the Disciplinary Board any instance arising in connection
30 with the operations of such agency, including the
31 administration of any law by such agency, in which a
32 person licensed under this Act has either committed an
33 act or acts which may be a violation of this Act or which
34 may constitute unprofessional conduct related directly to
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1 patient care or which indicates that a person licensed
2 under this Act may be mentally or physically disabled in
3 such a manner as to endanger patients under that person's
4 care.
5 (B) Mandatory Reporting. All reports required by this
6 Act shall be submitted to the Disciplinary Board in a timely
7 fashion. The reports shall be filed in writing within 60
8 days after a determination that a report is required under
9 this Act. All reports shall contain the following
10 information:
11 (1) The name, address and telephone number of the
12 person making the report.
13 (2) The name, address and telephone number of the
14 person who is the subject of the report.
15 (3) The name or other means of identification of
16 any patient or patients whose treatment is a subject of
17 the report, provided, however, no medical records may be
18 revealed without the written consent of the patient or
19 patients.
20 (4) A brief description of the facts which gave
21 rise to the issuance of the report, including the dates
22 of any occurrences deemed to necessitate the filing of
23 the report.
24 (5) If court action is involved, the identity of
25 the court in which the action is filed, along with the
26 docket number and date of filing of the action.
27 (6) Any further pertinent information which the
28 reporting party deems to be an aid in the evaluation of
29 the report.
30 Nothing contained in this Section shall act to in any
31 way, waive or modify the confidentiality of medical reports
32 and committee reports to the extent provided by law. Any
33 information reported or disclosed shall be kept for the
34 confidential use of the Disciplinary Board, the Medical
-7- LRB9003413RCks
1 Coordinators, the Disciplinary Board's attorneys, the medical
2 investigative staff, and authorized clerical staff, as
3 provided in this Act, and shall be afforded the same status
4 as is provided information concerning medical studies in Part
5 21 of Article VIII of the Code of Civil Procedure.
6 (C) Immunity from Prosecution. Any individual or
7 organization acting in good faith, and not in a wilful and
8 wanton manner, in complying with this Act by providing any
9 report or other information to the Disciplinary Board, or
10 assisting in the investigation or preparation of such
11 information, or by participating in proceedings of the
12 Disciplinary Board, or by serving as a member of the
13 Disciplinary Board, shall not, as a result of such actions,
14 be subject to criminal prosecution or civil damages.
15 (D) Indemnification. Members of the Disciplinary Board,
16 the Medical Coordinators, the Disciplinary Board's attorneys,
17 the medical investigative staff, physicians retained under
18 contract to assist and advise the medical coordinators in the
19 investigation, and authorized clerical staff shall be
20 indemnified by the State for any actions occurring within the
21 scope of services on the Disciplinary Board, done in good
22 faith and not wilful and wanton in nature. The Attorney
23 General shall defend all such actions unless he or she
24 determines either that there would be a conflict of interest
25 in such representation or that the actions complained of were
26 not in good faith or were wilful and wanton.
27 Should the Attorney General decline representation, the
28 member shall have the right to employ counsel of his or her
29 choice, whose fees shall be provided by the State, after
30 approval by the Attorney General, unless there is a
31 determination by a court that the member's actions were not
32 in good faith or were wilful and wanton.
33 The member must notify the Attorney General within 7 days
34 of receipt of notice of the initiation of any action
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1 involving services of the Disciplinary Board. Failure to so
2 notify the Attorney General shall constitute an absolute
3 waiver of the right to a defense and indemnification.
4 The Attorney General shall determine within 7 days after
5 receiving such notice, whether he or she will undertake to
6 represent the member.
7 (E) Deliberations of Disciplinary Board. Upon the
8 receipt of any report called for by this Act, other than
9 those reports of impaired persons licensed under this Act
10 required pursuant to the rules of the Disciplinary Board, the
11 Disciplinary Board shall notify in writing, by certified
12 mail, the person who is the subject of the report. Such
13 notification shall be made within 30 days of receipt by the
14 Disciplinary Board of the report.
15 The notification shall include a written notice setting
16 forth the person's right to examine the report. Included in
17 such notification shall be the address at which the file is
18 maintained, the name of the custodian of the reports, and the
19 telephone number at which the custodian may be reached. The
20 person who is the subject of the report shall be permitted to
21 submit a written statement responding, clarifying, adding to,
22 or proposing the amending of the report previously filed.
23 The statement shall become a permanent part of the file and
24 must be received by the Disciplinary Board no more than 30
25 days after the date on which the person was notified of the
26 existence of the original report.
27 The Disciplinary Board shall review all reports received
28 by it, together with any supporting information and
29 responding statements submitted by persons who are the
30 subject of reports. The review by the Disciplinary Board
31 shall be in a timely manner but in no event, shall the
32 Disciplinary Board's initial review of the material contained
33 in each disciplinary file be less than 61 days nor more than
34 180 days after the receipt of the initial report by the
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1 Disciplinary Board.
2 When the Disciplinary Board makes its initial review of
3 the materials contained within its disciplinary files, the
4 Disciplinary Board shall, in writing, make a determination as
5 to whether there are sufficient facts to warrant further
6 investigation or action. Failure to make such determination
7 within the time provided shall be deemed to be a
8 determination that there are not sufficient facts to warrant
9 further investigation or action.
10 Should the Disciplinary Board find that there are not
11 sufficient facts to warrant further investigation, or action,
12 the report shall be accepted for filing and the matter shall
13 be deemed closed and so reported. The individual or entity
14 filing the original report or complaint and the person who is
15 the subject of the report or complaint shall be notified in
16 writing by the Disciplinary Board of any final action on
17 their report or complaint.
18 (F) Summary Reports. The Disciplinary Board shall
19 prepare, on a timely basis, but in no event less than one
20 every other month, a summary report of final actions taken
21 upon disciplinary files maintained by the Disciplinary Board.
22 The summary reports shall be sent by the Disciplinary Board
23 to every health care facility licensed by the Illinois
24 Department of Public Health, every professional association
25 and society of persons licensed under this Act functioning on
26 a statewide basis in this State, the American Medical
27 Association, the American Osteopathic Association, the
28 American Chiropractic Association, all insurers providing
29 professional liability insurance to persons licensed under
30 this Act in the State of Illinois, the Federation of State
31 Medical Licensing Boards, and the Illinois Pharmacists
32 Association.
33 (G) Any violation of this Section shall be a Class A
34 misdemeanor.
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1 (H) If any such person violates the provisions of this
2 Section an action may be brought in the name of the People of
3 the State of Illinois, through the Attorney General of the
4 State of Illinois, for an order enjoining such violation or
5 for an order enforcing compliance with this Section. Upon
6 filing of a verified petition in such court, the court may
7 issue a temporary restraining order without notice or bond
8 and may preliminarily or permanently enjoin such violation,
9 and if it is established that such person has violated or is
10 violating the injunction, the court may punish the offender
11 for contempt of court. Proceedings under this paragraph
12 shall be in addition to, and not in lieu of, all other
13 remedies and penalties provided for by this Section.
14 (Source: P.A. 89-18, eff. 6-1-95.)
15 (Text of Section after amendment by P.A. 89-702)
16 Sec. 23. Reports relating to professional conduct and
17 capacity.
18 (A) Entities required to report.
19 (1) Health care institutions. The chief
20 administrator or executive officer of any health care
21 institution licensed by the Illinois Department of Public
22 Health or health maintenance organization certified by
23 the Department of Insurance shall report to the
24 Disciplinary Board when any person's clinical privileges
25 or services are terminated or are restricted based on a
26 final determination, in accordance with that
27 institution's or health maintenance organization's
28 by-laws or rules and regulations including peer review
29 standards, that a person has either committed an act or
30 acts which may directly threaten patient care, and not of
31 an administrative nature, or that a person may be
32 mentally or physically disabled in such a manner as to
33 endanger patients under that person's care. Such officer
34 also shall report if a person accepts voluntary
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1 termination or restriction of clinical privileges or
2 services in lieu of formal action based upon conduct
3 related directly to patient care and not of an
4 administrative nature, or in lieu of formal action
5 seeking to determine whether a person may be mentally or
6 physically disabled in such a manner as to endanger
7 patients under that person's care. The Medical
8 Disciplinary Board shall, by rule, provide for the
9 reporting to it of all instances in which a person,
10 licensed under this Act, who is impaired by reason of
11 age, drug or alcohol abuse or physical or mental
12 impairment, is under supervision and, where appropriate,
13 is in a program of rehabilitation. Such reports shall be
14 strictly confidential and may be reviewed and considered
15 only by the members of the Disciplinary Board, or by
16 authorized staff as provided by rules of the Disciplinary
17 Board. Provisions shall be made for the periodic report
18 of the status of any such person not less than twice
19 annually in order that the Disciplinary Board shall have
20 current information upon which to determine the status of
21 any such person. Such initial and periodic reports of
22 impaired physicians shall not be considered records
23 within the meaning of The State Records Act and shall be
24 disposed of, following a determination by the
25 Disciplinary Board that such reports are no longer
26 required, in a manner and at such time as the
27 Disciplinary Board shall determine by rule. The filing
28 of such reports shall be construed as the filing of a
29 report for purposes of subsection (C) of this Section.
30 (2) Professional associations. The President or
31 chief executive officer of any association or society, of
32 persons licensed under this Act, operating within this
33 State shall report to the Disciplinary Board when the
34 association or society renders a final determination that
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1 a person has committed unprofessional conduct related
2 directly to patient care or that a person may be mentally
3 or physically disabled in such a manner as to endanger
4 patients under that person's care.
5 (3) Professional liability insurers. Every
6 insurance company which offers policies of professional
7 liability insurance to persons licensed under this Act,
8 or any other entity which seeks to indemnify the
9 professional liability of a person licensed under this
10 Act, shall report to the Disciplinary Board the
11 settlement of any claim or cause of action, or final
12 judgment rendered in any cause of action, which alleged
13 negligence in the furnishing of medical care by such
14 licensed person when such settlement or final judgment is
15 in favor of the plaintiff.
16 (4) State's Attorneys. The State's Attorney of
17 each county shall report to the Disciplinary Board all
18 instances in which a person licensed under this Act is
19 convicted or otherwise found guilty of the commission of
20 any felony. The State's Attorney of each county may
21 report to the Disciplinary Board through a verified
22 complaint any instance in which the State's Attorney
23 believes that a physician has willfully violated the
24 notice requirements of the Parental Notice of Abortion
25 Act of 1995.
26 (5) State agencies. All agencies, boards,
27 commissions, departments, or other instrumentalities of
28 the government of the State of Illinois shall report to
29 the Disciplinary Board any instance arising in connection
30 with the operations of such agency, including the
31 administration of any law by such agency, in which a
32 person licensed under this Act has either committed an
33 act or acts which may be a violation of this Act or which
34 may constitute unprofessional conduct related directly to
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1 patient care or which indicates that a person licensed
2 under this Act may be mentally or physically disabled in
3 such a manner as to endanger patients under that person's
4 care.
5 (B) Mandatory reporting. All reports required by items
6 (34), (35), and (36) of subsection (A) of Section 22 and by
7 Section 23 shall be submitted to the Disciplinary Board in a
8 timely fashion. The reports shall be filed in writing within
9 60 days after a determination that a report is required under
10 this Act. All reports shall contain the following
11 information:
12 (1) The name, address and telephone number of the
13 person making the report.
14 (2) The name, address and telephone number of the
15 person who is the subject of the report.
16 (3) The name or other means of identification of
17 any patient or patients whose treatment is a subject of
18 the report, provided, however, no medical records may be
19 revealed without the written consent of the patient or
20 patients. When the Department has received written
21 reports concerning incidents required to be reported in
22 items (34), (35), and (36) of subsection (A) of Section
23 22, the licensee's failure to report the incident to the
24 Department under those items shall not be the sole
25 grounds for disciplinary action.
26 (4) A brief description of the facts which gave
27 rise to the issuance of the report, including the dates
28 of any occurrences deemed to necessitate the filing of
29 the report.
30 (5) If court action is involved, the identity of
31 the court in which the action is filed, along with the
32 docket number and date of filing of the action.
33 (6) Any further pertinent information which the
34 reporting party deems to be an aid in the evaluation of
-14- LRB9003413RCks
1 the report.
2 Nothing contained in this Section shall act to in any
3 way, waive or modify the confidentiality of medical reports
4 and committee reports to the extent provided by law. Any
5 information reported or disclosed shall be kept for the
6 confidential use of the Disciplinary Board, the Medical
7 Coordinators, the Disciplinary Board's attorneys, the medical
8 investigative staff, and authorized clerical staff, as
9 provided in this Act, and shall be afforded the same status
10 as is provided information concerning medical studies in Part
11 21 of Article VIII of the Code of Civil Procedure.
12 (C) Immunity from prosecution. Any individual or
13 organization acting in good faith, and not in a wilful and
14 wanton manner, in complying with this Act by providing any
15 report or other information to the Disciplinary Board, or
16 assisting in the investigation or preparation of such
17 information, or by participating in proceedings of the
18 Disciplinary Board, or by serving as a member of the
19 Disciplinary Board, shall not, as a result of such actions,
20 be subject to criminal prosecution or civil damages.
21 (D) Indemnification. Members of the Disciplinary Board,
22 the Medical Coordinators, the Disciplinary Board's attorneys,
23 the medical investigative staff, physicians retained under
24 contract to assist and advise the medical coordinators in the
25 investigation, and authorized clerical staff shall be
26 indemnified by the State for any actions occurring within the
27 scope of services on the Disciplinary Board, done in good
28 faith and not wilful and wanton in nature. The Attorney
29 General shall defend all such actions unless he or she
30 determines either that there would be a conflict of interest
31 in such representation or that the actions complained of were
32 not in good faith or were wilful and wanton.
33 Should the Attorney General decline representation, the
34 member shall have the right to employ counsel of his or her
-15- LRB9003413RCks
1 choice, whose fees shall be provided by the State, after
2 approval by the Attorney General, unless there is a
3 determination by a court that the member's actions were not
4 in good faith or were wilful and wanton.
5 The member must notify the Attorney General within 7 days
6 of receipt of notice of the initiation of any action
7 involving services of the Disciplinary Board. Failure to so
8 notify the Attorney General shall constitute an absolute
9 waiver of the right to a defense and indemnification.
10 The Attorney General shall determine within 7 days after
11 receiving such notice, whether he or she will undertake to
12 represent the member.
13 (E) Deliberations of Disciplinary Board. Upon the
14 receipt of any report called for by this Act, other than
15 those reports of impaired persons licensed under this Act
16 required pursuant to the rules of the Disciplinary Board, the
17 Disciplinary Board shall notify in writing, by certified
18 mail, the person who is the subject of the report. Such
19 notification shall be made within 30 days of receipt by the
20 Disciplinary Board of the report.
21 The notification shall include a written notice setting
22 forth the person's right to examine the report. Included in
23 such notification shall be the address at which the file is
24 maintained, the name of the custodian of the reports, and the
25 telephone number at which the custodian may be reached. The
26 person who is the subject of the report shall submit a
27 written statement responding, clarifying, adding to, or
28 proposing the amending of the report previously filed. The
29 statement shall become a permanent part of the file and must
30 be received by the Disciplinary Board no more than 60 days
31 after the date on which the person was notified by the
32 Disciplinary Board of the existence of the original report.
33 The Disciplinary Board shall review all reports received
34 by it, together with any supporting information and
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1 responding statements submitted by persons who are the
2 subject of reports. The review by the Disciplinary Board
3 shall be in a timely manner but in no event, shall the
4 Disciplinary Board's initial review of the material contained
5 in each disciplinary file be less than 61 days nor more than
6 180 days after the receipt of the initial report by the
7 Disciplinary Board.
8 When the Disciplinary Board makes its initial review of
9 the materials contained within its disciplinary files, the
10 Disciplinary Board shall, in writing, make a determination as
11 to whether there are sufficient facts to warrant further
12 investigation or action. Failure to make such determination
13 within the time provided shall be deemed to be a
14 determination that there are not sufficient facts to warrant
15 further investigation or action.
16 Should the Disciplinary Board find that there are not
17 sufficient facts to warrant further investigation, or action,
18 the report shall be accepted for filing and the matter shall
19 be deemed closed and so reported. The individual or entity
20 filing the original report or complaint and the person who is
21 the subject of the report or complaint shall be notified in
22 writing by the Disciplinary Board of any final action on
23 their report or complaint.
24 (F) Summary reports. The Disciplinary Board shall
25 prepare, on a timely basis, but in no event less than one
26 every other month, a summary report of final actions taken
27 upon disciplinary files maintained by the Disciplinary Board.
28 The summary reports shall be sent by the Disciplinary Board
29 to every health care facility licensed by the Illinois
30 Department of Public Health, every professional association
31 and society of persons licensed under this Act functioning on
32 a statewide basis in this State, the American Medical
33 Association, the American Osteopathic Association, the
34 American Chiropractic Association, all insurers providing
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1 professional liability insurance to persons licensed under
2 this Act in the State of Illinois, the Federation of State
3 Medical Licensing Boards, and the Illinois Pharmacists
4 Association.
5 (G) Any violation of this Section shall be a Class A
6 misdemeanor.
7 (H) If any such person violates the provisions of this
8 Section an action may be brought in the name of the People of
9 the State of Illinois, through the Attorney General of the
10 State of Illinois, for an order enjoining such violation or
11 for an order enforcing compliance with this Section. Upon
12 filing of a verified petition in such court, the court may
13 issue a temporary restraining order without notice or bond
14 and may preliminarily or permanently enjoin such violation,
15 and if it is established that such person has violated or is
16 violating the injunction, the court may punish the offender
17 for contempt of court. Proceedings under this paragraph
18 shall be in addition to, and not in lieu of, all other
19 remedies and penalties provided for by this Section.
20 (Source: P.A. 89-18, eff. 6-1-95; 89-702, eff. 7-1-97.)
21 Section 95. No acceleration or delay. Where this Act
22 makes changes in a statute that is represented in this Act by
23 text that is not yet or no longer in effect (for example, a
24 Section represented by multiple versions), the use of that
25 text does not accelerate or delay the taking effect of (i)
26 the changes made by this Act or (ii) provisions derived from
27 any other Public Act.
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.